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B-411841 1 (2015-11-09)

handle is hein.gao/gaobadrpg0001 and id is 1 raw text is: 




        G     A     0                                                 Comptroller General
      Accountabilty * Integrity * Reliability                          of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of: Onix Networking Corporation

         File:        B-411841

         Date:     November 9, 2015

         Michael D. McGill, Esq., Thomas L. McGovern, Esq., Brendan M. Lill, Esq., and
         Ogechi C. Achuko, Esq., Hogan Lovells US LLP, for the protester.
         Katherine Colleen Wallace, Esq., Peace Corps, for the agency.
         Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest alleging that agency issued an improper, out-of-scope, sole-source
         modification to a previously-awarded Federal Supply Schedule delivery order is
         sustained where record shows that the modification contemplates providing a
         product that was never sought during the original acquisition, and there was no
         reasonable basis for firms to know that the agency would use the delivery order to
         acquire the product in question.
         DECISION

         Onix Networking Corporation, of Lakewood, Ohio, protests the issuance, by the
         Peace Corps, of a modification to a delivery order previously issued to En Pointe
         Gov, Inc., of Gardena, California, to acquire an e-mail as a service (EaaS) product.
         Onix maintains that the modification is outside the scope of the delivery order
         originally issued to En Pointe, and that it amounts to an improper sole-source award
         for the agency's requirements.

         We sustain the protest.

         BACKGROUND

         En Pointe is an authorized reseller of Microsoft products and services; Onix is an
         authorized reseller of Google products and services. The EaaS product that the
         agency is acquiring is a cloud based e-mail service, as opposed to the e-mail
         functionality currently possessed by the agency. The current e-mail functionality is
         comprised, in relevant part, of a collection of computing hardware, wide-area

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